The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-06-05

England put intoxication among tho minor
offences, holding blasphemy and Sabbath
breaking as far moro serious; but their suc-
cessors have made few efforts to check by
law such offences as adultery and dishonesty
In comparison with the universal and repeat
ed efforts to check or regulate the sale OF In
toxicating liauor," Therefore Mr.. STIMsoN
draws the general conclusion that hitherto
democracy has deemed the intoxicatton habit
a more dangerous and more sinfulvice than
incontinence or commercial dishonesty"
The question Of marriage and divorce and
OF the legal and political rights OF women ID
ono of those about which tho mind OF the
people has been most active. Twenty-Five
States and Territories have declared that
marriage Ia civil contract the essence OF
which Is tho consent OF both parties, and It
looked at ono time IA II the obvious corollary
that marriage Is dissoluble by mutual con-
sent were about to be recognized. AS mat
ter OF fact the causes OF divorce were made
80 many, being more than forty, that practi-
cally Judge could dissolve marriage when
ever he pleased and the parties 30 desired. But
the final stop was not taken, and, as MIR.
STIMsoN says, tho present tendency Is to-
ward the strengthening OF the conjugal bond.
The number OF general causes of divorce now
recognized throughout the Union is only
nineteen. New York allows full divorce only
for adultery, and South Carolina alone per-
mits no divorce at all. As to the marriage
relation, the present tendency Is to consider
that 1t makes mo difference whatever In
the status Of the two married per-
sons, except to affect tho descent
Of their property after death, and to
make it penal offence for the husband to
refuse to support the wife," California,
Dakota, Georgia, and New Mexico are tho
only States which declare that the hus-
band is the head Of the family, and the vito
Is subject to him." and only In Louisiana and
New Mexico does she lowe obedience to
him." and is expressly obliged to live with
him. The path to marriage has been gen.
erallv made easier and easier; the number
OF prohibitive degrees has been reduced,
banns have been done away with, and in
formal and deceptive marriages are recog-
nized. The age Of legal marriage, however.
has generally been changed from the COM
mon-law rule OF fourteen and twelve to six
teen, eighteen, and even twenty-one.
Mr.. STIMsoN's conclusion, therefore, is that
the tendency Of democracy is to deny the
right Of the husband to authority and pos
session, and "to make marriage a contract
easily made and easily ended, while strictly
furnishing offences against the marital rela-
ton while it Lasts" His examination OF the
question of the legal and political relations
of women leads him to the further conclu-
sion that the tendencyis "neither TO impose,
to recognize, nor to authorize any legal, so
cial, or political difference between the sexes"
He finds that the legislation as to debts in
dicates o tendency Ito require the re-
payment Of debts only when 1t can be
made out Of supsrauous accumulated cap
ital;" in short, mot to force man
to pay his debts against his will" The
tendency in legislation toward socialism
is pronounced, the prohibition laws, like
all sumptuary laws being, Of course, social-
istic, as restricting individual action. They
have afforded precedent for restraint
and interference in other directions. The
eight-hour law, for instance, is plainly social
istic, and, although no law has yet been
passed saying how much the employer shall
| pay, two or three States have ventured to
| say that he shall pay it once week." II.
! too, the State may say how long + man shall
work, 1t may tell him just how and how long
| he shall play-require him, for instance, ITO
| spend four hours OF his leisure In a picture
| gallery and the rest at the Young Mems
| Christian Association" Therefore here Mr..
| ST1MsoN comes to the broad conclusion that
democracy, when crowned with power,
seeks rather what it considers the we'll being
of the community than the liberty Of the
Individual" That Is, he finds 10 1t ten
dency toward the tyranny Of socialism.
Finally he draws from his conclusions the
| deduction that the three institutions
private property, of marriage. and Of per-
sonal liberty from State controi-are 30 In
separably bound together that neither one
may fall without the other two" The infer
ence from this, Of course is that unless the
disposition to restrict personal liberty Is
checked. marriage and property will finally
be abolished along with freedom.